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  • gaffarkhan
    07-16 02:03 PM
    Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?

    Thanks,
    GK




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  • JazzByTheBay
    09-07 03:36 PM
    Here are 5 of the more frequently asked questions, and answers to those by ImmigrationVoice. Note, these also appear on immigration attorney Sheela Murthy's web site (http://www.murthy.com/bulletin.html).

    Question 1. What is First Amendment? Does it apply to me? I'm on H-1 / H-4 / EAD / and have applied for I-485, etc.
    Constitutional rights of an individual are applicable to everyone, including foreign nationals.

    Question 2. Will I get arrested and/or deported for participating in the rally?
    No, participating in rally with proper permits from city police and other authorities is legal. You cannot be arrested or deported for simply participating in the rally.

    Question 3. Will participation in the rally negatively impact my current non-immigrant status or future green card application?
    No, exercising your civil rights does not impact your non-immigrant status or future green card application. There are certain procedures and processes for rejecting or denying petitions and applications, it is not done on whims and moods of agencies or USCIS employees. There is a process driven by federal regulations and rejections and denials are backed up by reasons described in federal regulations and the laws. Participating in rallies, meeting with your lawmakers, exercising your civic duties, and enjoying your civil rights granted by the Constitution are not grounds for denial or rejection of petitions and applications or any other adverse action on immigration petition or application.

    Question 4. Can my employer take action against me for participating in the rally? Do we have any obligation to inform my employer if I participate by taking a day off?
    No, an employer cannot simply take action against you for having exercised your Constitutional right granted by the first amendment. Whether you inform your employer about your plans for your vacation or day off is up to you and your relationship with your employer. Usually employers do not care what their employee do with their time off from work, as long as those activities are legal.

    Question 5. What kind of identification do I need to carry? Will my driver's license be enough?
    Yes. Your driver's license or a state-issued identification card is enough for ID purposes.




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  • sidd
    06-19 04:50 PM
    Hi.,

    My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.

    My questions here is:
    1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?

    Note:
    Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.

    Thanks

    It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.

    I would appreciate if you could share some more information about yourself that can be helpful to others...like....app. when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?




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  • GCHope2011
    11-05 08:16 AM
    Please read the editorial from today's WSJ by John Boehner. We should adjust our thinking to this reality and try to eat the elephant one bite at a time. Trying to swallow anything all at once is certainly not John Boehner's idea of legislation.

    ================================================== =====
    I grew up in a small house on a hill in Cincinnati, Ohio, with 11 brothers and sisters. My dad ran a bar, Andy's Caf�, that my grandfather Andrew Boehner opened in 1938. We didn't have much but were thankful for what we had. And we didn't think much about Washington.

    That changed when I got involved with a small business, which I eventually built into a successful enterprise. I saw firsthand how government throws obstacles in the way of job-creation and stifles our prosperity. It prompted me to get involved in my government, and eventually took me to Congress.

    Millions of Americans have had a similar experience. They look at Washington and see an arrogance of power. They see a Congress that doesn't listen, that is ruled by leaders who seem out of touch and dismissive, even disdainful, of the anger that Americans feel toward their government and the challenges they face in an economy struggling to create jobs.

    The political landscape has been permanently reshaped over the past two years. Overreaching by elected officials�in the form of pork-laden "stimulus" spending, permanent bailouts, and policies that force responsible taxpayers to subsidize irresponsible behavior�has awakened something deep in our national character. This has led to a surge of activism by citizens demanding smaller, more accountable government and a repudiation of Washington in Tuesday's elections.

    Tired of politicians who refuse to listen, Americans who previously were not involved or minimally involved in the political process are now helping to drive it. While their backgrounds are as diverse as the country itself, their message to Washington is the same: Government leaders are servants of the people; the people are not servants of their government.

    View Full Image

    David Klein


    The members of the 112th Congress must heed this message if there is to be any hope of repairing the shattered bonds of trust between the American people and their elected leaders. And that begins with the speaker of the House, who as leader of the institution must lead by example.

    Accordingly, there are several steps I believe the next speaker should be prepared to take immediately. Among them:

    � No earmarks. Earmarks have become a symbol of a broken Washington, and an entire lobbying industry has been created around them. The speaker of the House shouldn't use the power of the office to raid the federal Treasury for pork-barrel projects. To the contrary, the speaker should be an advocate for ending the current earmark process, and should adhere to a personal no-earmarks policy that stands as an example for all members of Congress to follow.

    I have maintained a no-earmarks policy throughout my time of service in Congress. I believe the House must adopt a moratorium on all earmarks as a signal of our commitment to ending business as usual in the spending process.

    � Let Americans read bills before they are brought to a vote. The speaker of the House should not allow any bill to come to a vote that has not been posted publicly online for at least three days. Members of Congress and the American people must have the opportunity to read it.

    Similarly, the speaker should insist that every bill include a clause citing where in the Constitution Congress is given the power to pass it. Bills that can't pass this test shouldn't get a vote. House Republicans' new governing agenda, "A Pledge to America," calls for the speaker to implement such reforms immediately.

    � No more "comprehensive" bills. The next speaker should put an end to so-called comprehensive bills with thousands of pages of legislative text that make it easy to hide spending projects and job-killing policies. President Obama's massive "stimulus" and health-care bills, written behind closed doors with minimal public scrutiny, were the last straw for many Americans. The American people are not well-served by "comprehensive," and they are rightly suspicious of the adjective.

    � No more bills written behind closed doors in the speaker's office. Bills should be written by legislators in committee in plain public view. Issues should be advanced one at a time, and the speaker should place an emphasis on smaller, more focused legislation that is properly scrutinized, constitutionally sound, and consistent with Americans' demand for a less-costly, less-intrusive government.

    The speaker of the House, like all members of Congress, is a servant of the American people. The individual entrusted with that high honor and responsibility should act accordingly. A speaker's mission should not be to consolidate power in the speaker's office, but rather to ensure that elected officials uphold their oath to defend the Constitution and the American people we serve. If a speaker carries out that mission successfully, the result should be legislation that better reflects the considerable challenges we face as a nation.

    The American people deserve a majority in Congress that listens to the people, focuses on their priorities and honors their demands for smaller, more accountable government. Accountability starts at the top, in the office of the speaker.

    Mr. Boehner, a congressman representing Ohio's Eighth District since 1991, is the House Republican leader.



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  • kate123
    11-14 09:07 AM
    Do not worry I was in similar situation last year and my ex employer was from NJ.. I Complained to DOL and they made him to pay me...

    Regarding the experience letter ... I saw in other forums that you can get experience letter from your colleques or Peers who worked with you...

    let me know if you have any questions!!




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  • Ruta
    07-17 05:25 PM
    D.After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?



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  • nandini
    08-03 06:02 PM
    i had applied for 3 extension in May, in June when all dates were current i was given 1 year extension . After July 2nd ,as they became unavailable again my emailed my attorney and she spoke with USCIS and without having to reapply i was given extension till 2010.

    i think you are eligible for 3 year extension.




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  • punjabi
    09-29 01:02 PM
    My suggestion is don't ask for a referral for a good consulting company.

    If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.

    They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.

    They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.

    And most of all, they do not feel any remorse or guilt at all.

    So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)

    Find an American company. They know their state laws and are afraid to commit anything against those.

    Good luck, my friend!



    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand



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  • eb3retro
    04-14 08:13 AM
    Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.

    But I am not sure if this is true or she is being over assuring.

    Thanks a lot

    Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!




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  • prasadn
    02-04 02:08 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.

    Thanks,
    Prasad



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  • slowwin
    04-16 09:30 AM
    For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.


    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.




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  • kaisersose
    03-19 02:58 PM
    There are several instances when a denial notice was sent, but the website continued to show the status as pending.

    So if a denial letter has been received, then the website status means nothing.



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  • rajenk
    02-11 02:22 PM
    Call and ask them how can they do this huge mistake and they will issue one for you as well !

    My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?

    Do you think you are trying to help me here.... I have posted a real question and would like to get some real answers who had got in such a similar situation.

    This isn't funny. Stop your rubbish sarcastic replies, will you....




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  • puskeygadha
    06-02 09:20 PM
    audit is only on pending applications..i dont think it is on certified..

    also they may process fugmon cases fase..hope they dont denied any..

    what is supervised recruitment



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  • HOPE_GC_SOON
    07-15 11:49 AM
    The only way to go for Premium processing of 140, is to extend H1 beyond 6 yrs..as of current regulations. So in your case, if you are still around 5 yrs of H1. that would be the solid case, to opt for PP of 140 and h1 ext. So that, your case can have few updates.

    This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.

    Thanks




    My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.

    We are done with finger prints few months ago. No updates on I-140 or I-485s after that.

    Is it useful if we take Info pass appintment in this case and enquire about our case status?

    Why not USCIS offer I-140 premium processing for older priority dates?

    Can I-485 be pre-adjudicated even if I-140 is pending?.

    Appreciate any information. Thanks.




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  • alterego
    07-08 05:12 PM
    Is that all he said? I wonder why he did not say they should be screened for their skin color, their Shakespearean English and BTW all the applications of legal residents and naturalized Citizens here who are non Europeans ought to be revisited to ensure they fit the new criteria. Perhaps actually saying that would have been too politically incorrect.

    This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.

    The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.



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  • MYGC2008
    07-19 09:17 AM
    07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available

    As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.




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  • paskal
    07-14 12:01 PM
    why is there not an EB3 Philipenes with backlogs?
    that would free up EB3 ROW and allow spillover
    Clearly Philipenes has enough applicants to have backlog issues???




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  • mantagon
    07-22 04:22 PM
    The attorney and Roseball are correct - maintaining H4 status and working on EAD are mutually exclusive!

    Your options are:
    (1) Do not extend your H1. Contiinue working on EAD. Your status will be AOS.
    (2) Convince your employer that if you don't extend the H1, then in the event that your I-485 is denied for some reason in the future, then you will be immidiately out of status and cannot work thereafter.

    Hope this helps!

    I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
    My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
    He has asked me to change my status to H4 and work on EAD.

    Can I work on EAD without filing H1B-H4.

    or
    After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
    Will this affect anyhow on my chances of approval of my AOS?



    Appreciate your response.




    saiarchana
    09-22 02:26 PM
    Type : EB3
    RD to NSC : April 9 th 2007
    Concurent Filing : NO
    Tranfered to TSC : April 23 th 2008
    Last Update : May 29 th 2008
    Current Status : This case is now pending at the office to which it was transfered
    Approval Date : Pending




    karthkc
    05-14 04:46 PM
    Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.

    Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?

    That would net some savings for filers who have multiple dependents.

    Just a thought.....



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